[1980]DLCA1584 • April 16, 1980 • Court of Appeal
GYAMFI AND ANOTHER vs. OWUSU AND OTHERS
The case concerns compensation paid by the Government of Ghana for the acquisition of certain lands on the Afram Plains in the Ashanti Region, originally belonging to the Kumawu stool. The plaintiffs sued on behalf of themselves and the Oman of Kumawu, alleging that the codefendant (the Omanhene of Kumawu) and other defendants fraudulently claimed compensation meant for the paramount stool, diverting funds to individuals instead. The compensation amounted to about ¢1.5 million. The trial court found in favor of the plaintiffs, awarding sums against the defendants and codefendant. The appellants appealed the decision.
read moreJUDGMENT OF CHARLES CRABBE J.S.C. This appeal arises out of three cases consolidated into one. The actions were instituted for the recovery of about ¢1.5 million. It is in respect of compensation paid by the Government of Ghana for the “acquisition” of certain lands for the creation of a national park and a game reserve. The lands are on the Afram Plains in the Ashanti Region. The lands acquired formed part of the area known as the Digya-Kogyae. The lands are reputed to belong originally to the Kumawu stool. The plaintiffs-respondents (hereinafter referred to as the plaintiffs) sued “for themselves and also on behalf of the Oman of Kumawu.” The co-defendant-appellant (hereinafter referred to as the co-defendant) asked to be joined to the action in his capacity as the Omanhene of Kumawu. He was joined in his personal capacity as William Kore. The plaintiffs say that the co-defendant, in collusion with the three defendants, subordinates to the Kumawu stool, aided by some ...